QUESTION

I was hired by a company as a 1099 Independent Contractor. When hired, I also had to sign a non-compete convenant. Is the non-compete enforceable?

Asked on Dec 09th, 2014 on Employment Contracts - Hawaii
More details to this question:
Can a non-compete covenant be enforceable if you are an independent contractor? I thought by common law rule you are supposed to be free to seek out business opportunities and work in the relevant market. Note: I live in Hawaii, but the company is in New York.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
A non-compete agreement can be enforced against an independent contractor.  However, non-competes are looked at skeptically by the Courts (and are almost completely barred in Cal.), and many are held to be unenforceable, in whole or in part, based on a variety of factors, including their geographical and temporal breadth, the activities prohibited, the industry, the employee's job and exposure to both customers and proprietary information, the consideration received by the employee (or independent contractor) for signing the non-compete, the time and money expended by the employer to train the employee or independent contractor, etc. etc. etc.
Answered on Dec 10th, 2014 at 11:29 AM

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